The freshman, a pretty blonde and only fourteen years old, had to admit that she was excited when she saw on her schedule that Stroud would be her fourth-period biology teacher. Get out of town. One older businessman in town tried to explain the situation away by telling a father whose girl had also been involved with Stroud, When these girls start tittin up, boy, anything can happen. Even some of Brookes old friends were not ready to pin the blame on Stroud. Eventually, he began taking her into the laboratory room adjacent to the classroom and to the field house where he would kiss and touch her. For a year, Bridget tried to find a lawyer to file a civil suit. 1990) (emphasis added) (quoting DeShaney), cert. Lynn E Stroud of Texas was born c. 1954. SELECT CITY . Stoneking II, 882 F.2d at 727 (citations omitted). WebLynn Cunningham Stroud. 1988) ("Because students are placed in school at the command of the state and are not free to decline to attend, students are in what may be viewed as functional custody of the school authorities."), vacated, 489 U.S. 1062, 109 S. Ct. 1333, 103 L. Ed. (4) [t]hat such failure proximately caused injury to [Jane Doe]. Observing that schoolchildren are "too young to be considered capable of mature restraint," the court explained that a public school. 1991) (child sexually molested by a man working with a social services agency; agency was deemed a private actor and, thus, not liable under 1983 because it did not act "under color of state law"); P.C. Family, friend, or fan, this family history biography is for you to remember Lynn E. (Mulberry) Stroud. She was ready to fight. Their deliberate indifference to these duties can form the basis of liability against them. So, when the state has in some significant way separated the child from the persons otherwise responsible for taking precautions to shield the child from the social milieu, the state assumes a corresponding duty to provide that protection, for a child is ordinarily incapable of fending for himself. Two concerned parents witnessed Stroud's behavior at the festival and reported the incident to Superintendent Caplinger. Lynne A Stroud 1957 Born c. 1957 Last Known Residence Texas Summary Lynne A Stroud of Texas was born c. 1957. Caplinger has quit his job as superintendent and moved out of the district. We report on vital issues from politics to education and are the indispensable authority on the Texas scene, covering everything from music to cultural events with insightful recommendations. 1990). We need to move on with our lives., Brooke Graham is trying to do the same thing. Everyone on the team thought he shouldnt be fired. The Fifth Circuit has also held that the infliction of "corporal punishment in public schools is a deprivation of substantive due process when it is arbitrary, capricious, or wholly unrelated to the legitimate state goal of maintaining an atmosphere conducive to learning." WebAbove: St. Louis City SC forward Jared Stroud flies into the air as Austin FC midfielder Owen Wolf gains control of the ball during the first half Saturday at Q2 Stadium in Austin, Texas. They played their home games at Koskinen Stadium. Meanwhile, Stroud would make the wallflower girls and the boyswell, at least those who werent stars on the football teamdo all the assigned work. Five years later, we cited Horton with approval in a case holding that a bus driver could be held liable for failing to break up a fight between school children because he was "entrusted with the care of students attending school under Texas' compulsory education statute." But according to one petition before the Supreme Court, her case is opening a flood of lawsuits by students against their teachers and administrators. Doe was fifteen years old at the time, and Stroud was her first sexual partner. Caught up in the mystery and excitement of infatuation, the vulnerable teenager played along. Contra D.R. And with that, the administration stopped investigating the case. While Doe was there, Stroud suggested to her that they have intercourse. "); Jefferson, 817 F.2d at 304-06 (holding that a principal was not entitled to qualified immunity as a matter of law where a teacher tied a second-grader to a chair for an entire day and the better part of another, and such an instructional technique was allegedly imposed by school policy); cf. Everyone just assumed he was working, perhaps studying game films of opposing teams. It was not unusual to see Strouds pickup in the field house parking lot late at night. Amarillo, TX (2) Azle, TX (1) Bedford, TX (1) Dallas, TX (2) Fort Worth, TX (3) Katy, TX (1) Longview, TX (1) Lufkin, TX (2) It took Brooke months before she could say out loud that she no longer loved him. The four elements of Jane Doe "A", 901 F.2d at 645, detailed above, must be met. School Dist., 817 F.2d 351, 355 (5th Cir. Later, when Bridget asked Brooke about the note, she said it was just a harmless gesture of friendship. As one Taylor High counselor would later explain, girls at school liked to talk to coaches. Forever--for real--I love you." The sexual contact continued through the fall of Jane Doe's sophomore year, until October 5, 1987, when Jane Doe's mother found more love letters from Stroud. Accepts New Patients. Timothy Lynn Stroud, 57, of Bonham, Texas passed away suddenly on 7/21/2010 in Luoyang Henan, China. denied, --- U.S. ----, 112 S. Ct. 936, 117 L. Ed. 1992) ("A supervisor may be liable under section 1983 if the challenged actions are causally connected to a constitutional violation. If it is unconstitutional for a public school teacher to tie a child to a chair, e.g., Jefferson, 817 F.2d at 305 or to arbitrarily paddle a student on his behind, see Woodard, 732 F.2d at 1246, and if a state actor may not intentionally assault a person without justification, then surely it is unconstitutional for a public school teacher to sexually molest a schoolchild. 975 F.2d 137 61 USLW 2264, 77 Ed. Includes Address (19) Phone (7) Email (1) See Results. Although the Due Process Clause does not require a governmental body to assist the public, a duty to provide adequate protective services may arise out of "special relationships" created or assumed by the state with regard to particular individuals. 1992) (en banc); J.O. See Yvonne L., 959 F.2d at 890 (defendants liable if they "knew of the asserted danger to [the children] or failed to exercise professional judgment with respect thereto,, and there is "an affirmative link to the injuries."). (finding no such duty), That the record would also allow a conclusion to the contrary is beside the point at the summary judgment stage for the facts must be considered in the light most favorable to Jane Doe, the non-moving party, Although Jane Doe's denials "may be relevant at trial to her credibility or the causation issue, for qualified immunity purposes it is sufficient that there is adequate evidence that [the school officials] were on notice of complaints of sexual harassment of students by teachers and staff at the school." Although Jane Doe was able to stay away from Stroud for the remainder of the summer, when classes resumed in the fall, Stroud's sexual advances towards Jane Doe resumed as well, and, once again, Stroud was having sexual intercourse with her. As in any small Texas town, high school football is a vital part of Taylors life. WebLynn's present occupation is listed as a Secretary at As And s Service CO INC. We have lots of information about Lynn: religious views are listed as Christian, ethnicity is Caucasian, and political affiliation is unknown. Bridget flipped one of the pictures over. In response to the Valentine, Principal Lankford transferred Brittani (not Jane Doe) out of Stroud's class, but did not investigate the matter further. Related To Erica Stroud, Jacqueline Stroud, Floyd Stroud, Cecil Stroud, John Stroud. The Campaign to Sabotage Texass Public Schools, Inside the Bro-tastic Party Mansions Upending a Historic Austin Community, Wendy Davis Returns to the Texas Capitol and a Whole New Political Landscape. City Employees Are Heading for the Exits. With each visit to each new lawyer, Bridget took Brooke along and had her repeat the story of Strouds seduction. You know how kids are. With that, Principal Lankford warned Stroud that he would be fired "if something was going on." He liked chaperoning school dances, chatting with parents, keeping an eye on the kids. Quick Links. Sure, Eddy Lankford made a point to remind the good-natured coach to keep the girls from hanging around his desk. Why is it my fault that the girl didnt want to tell anyone?, For this article, Jane Doe, who now lives in a Texas city that she requested not be disclosed, has agreed to identify herself for the first time. Eagle Idaho. He was told he had to be out that day. Alone with Brooke, the attorney grilled her until she broke down. Objective Reasonableness of the School Officials' Conduct, All that remains, having concluded that no reasonable school official would have believed that he could act with deliberate indifference towards instances of sexual molestation by a schoolteacher, is to determine whether there is enough evidence in the record from which a jury could conclude that Superintendent Caplinger and Principal Lankford were deliberately indifferent to Jane Doe's clearly established right not to be molested by Coach Stroud. We are destined to be together forever.. I feel that some of it was provoked, because of the way that she was around him, snuggling up to him in the car, one of the Taylor girls said in a deposition. See K.H. It seems like every time the case goes to court again, someone is ripping apart my reputation, Brooke says, blinking back tears. Browse Locations. of Soc. A friend and classmate of Jane Doe's, Brittani B., found the Valentine in Doe's purse and took it to the principal, defendant-appellant Eddy Lankford. The court grounded its holding on the schoolchild's constitutional liberty interest to be free from bodily restraint. assumes a duty to protect [the schoolchildren] from dangers posed by anti-social activities--their own and those of other students--and to provide them with an environment in which education is possible. At least twice, they engaged in oral sex. To win damages from a school district, a plaintiff has to prove that certain civil rights were violatedand the courts had never made it clear that a teachers having sex with a student was a specific civil rights violation. I want Stroud out of here! she demanded. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir. She was not the first freshman to fall under the spell of a popular, good-looking Taylor High School football coach. But she would be the last. Before she set foot in Taylor high school as a freshman, she had heard about Coach Lynn Stroud. The best-looking coach at the school, she was told. Their romantic relationship (although perhaps not the extent of it) was common knowledge within the Taylor High community, not only among students, but also among parents, faculty, and the two athletic directors. Ben took Brooke to their family attorney. of Soc. It was no secret within the school They also informed Superintendent Caplinger that Stroud exhibited favoritism toward female students in class. Stroud seemed able to persuade anyone who asked that he was only acting as a caring adult. Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges. From the coaches office, with other coaches around his desk, Stroud called Brookes private line in her room to talk. Get free summaries of new Fifth Circuit U.S. Court of Appeals opinions delivered to your inbox! Taylor school officials insist they did everything they could to protect the girl and to investigate Stroud (who still lives near Taylor and would not comment for this article). By March or April, 1987, Stroud's persistence in seducing Jane Doe finally proved fruitful; he and Jane Doe had sexual intercourse. WebLived In Coushatta LA, Taylors SC, Montgomery LA, Port Arthur TX. The Tenth Circuit shares that view. At Wednesdays media availability, coach Anthony Lynn talked about the situation by first addressing the mistake made with Taylors pregame injection, stating, Im not angry at all. Ben told her to let the school system handle Stroud; she replied that she wanted to get the school system for not going after Stroud. We concede that there is no case in our circuit directly standing for that proposition. WebLynn Stroud, a teacher and coach for almost twenty years, was employed by the Taylor Independent School District from 1981 until 1987. But in October the Supreme Court rejected Lankfords appeal, siding with Brookes right to sue. Tristan Taylor Stroud 2009 Island View Ct, Mesquite, TX 75149. 2d 605 (1983) (arrestees), See Horton, 690 F.2d at 480; Lopez, 817 F.2d at 356; accord D.R. After a Valentine's Day dance, Jane Doe spent the night at Stroud's home; Doe had befriended Stroud's daughter, and Stroud had invited Doe to spend the night. James joined by Mansmann, Scirica, and Nygaard, JJ., dissenting) ("I would hold that the state compulsion that students attend school, the status of most students as minors whose judgment is not fully mature, the discretions extended by the state to schools to control student behavior, and the pervasive control exercised by the schools over their students during the period of time they are in school, combine to create the type of special relationship which imposes a constitutional duty on the schools to protect the liberty interests of students while they are in the state's functional custody. The coach was lifting the laughing girls onto the table and letting them jump into his arms. Victoria dedicated her life to teaching children how to communicate. While he was a high school football coach in the small central Texas town of Taylor, Jesse Lynn Stroud developed a reputation with the ladies. Leave them blank to get signed up. He told Brittani that he wasnt sure if the valentine was from Stroud because there was no name on the card. The Third Circuit has also recognized that a schoolchild has a constitutional liberty interest to be free from sexual molestation:A teacher's sexual molestation of a student is an intrusion of the schoolchild's bodily integrity not substantively different for constitutional purposes from corporal punishment by teachers. Find Lynn Stroud's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. But to accuse him of anything more? Stroud appeared astonished by the question and replied that he and the student only had a close teacher-pupil relationship.. And I keep pushing on the gears, trying to get the truck to move. A special relationship between the state and a child arises in a variety of contexts: when a child is confined to a state mental health facility;9 when a state social services agency removes a child from his natural home and places him under state supervision;10 or when a child has been placed in foster care.11 In these instances,12 the state has, to varying degrees, assumed an obligation to protect the child, in much the same way that a capable parent would. Apparently, he was already moving in on his next victim. He gave her As, even though she never turned in homework or tests. 2d 49 (1986) (sexual harassment as a cause of action under Title VII). You already receive all suggested Justia Opinion Summary Newsletters. Taylor was not ready for the fallout from the scandal. See id. She told him to stop it: She couldnt have people talking again. There is no dispute that the burden of establishing an entitlement to qualified immunity is on Superintendent Caplinger and Principal Lankford, the officials seeking to invoke it. 2d 808 (1989); Doe v. New York City Dept. School Boards Ass'n. This site is protected by reCAPTCHA and the Google. Hardly, for a jury could conclude that a reasonable school official, faced with repeated allegations of sexual misconduct from a host of sources, would not summarily dismiss the matter solely on the denials of the alleged perpetrator and the frightened, fifteen year old victim.16 We need not catalog all of the evidence in the record establishing that Superintendent Caplinger and Principal Lankford were on notice; suffice it to say that several members of the faculty approached Principal Lankford about their suspicions and observations, and Superintendent Caplinger was aware of these reports and the rumors around campus that Stroud was getting too close to female students (Jane Doe in particular). 1987). Jane Doe explained that she had kept the matter a secret all this time because she feared the repercussions of disclosure. 1987). But the fact was that the Grahams were friendly with Stroud. All records are subject to change and, while every effort is made to ensure the information available is current and accurate, it may contain errors. Some people have this notion that small towns are full of gossip, she says. This story is from Texas Monthlys archives. He ate with the teachers in the lunchroom instead of off-campus with students. Separated from his or her parents (guardians), the child's safety and well-being are entrusted to school officials. But students were telling a different story. Why Does He Get to Make That Call? The Blue Devils were led by head coach John Kerr, in his fifteenth season. These elements screen the lesser invasions from those of constitutional dimension. through Morgan, 914 F.2d at 851; Taylor by and through Walker v. Ledbetter, 818 F.2d 791, 795-98 (11th Cir. No matter, for "it is not necessary to point to a precedent which is factually on all-fours with the case at bar." , mother Martha Sue Hopkins Stroud and niece Brookes old friend Brittani Barron said disgustedly, She let him do it. After Stroud pleaded guilty to a charge of sexual assault, receiving a six-month prison term and ten years probation, some students stopped speaking to Brooke altogether. . Lynn also Although we chose not to ground this "duty to protect" on the doctrine of "in loco parentis," we expressed our view "that school officials have special duties with associated powers." And Stroud remains on the family farm outside of Taylor. Through that spring and into the summer, she agreed to meet Stroud for sex at his home, in the field house at night, and on deserted country roads. Here was this man who everyone in school thought was Mr. The majority opinion declared that this was not a case of casual sex but one of power. Principal Lankford acknowledged that he was aware of rumors concerning Doe and Stroud but indicated that Stroud just had a way of flirting with the girls. I want heads to roll, she would say. A furious Bridget, already stunned that Stroud would spend less than half a year in prison, wanted justice. We explained that the bus driver's "failure to protect [the schoolchild] or to render emergency aid [would amount to an] abuse [of] state power, and support [ ] a 1983 action if it rose to the level of callous indifference and was a cause of injury." Doe's parents immediately brought the signed photographs to the attention of Superintendent Caplinger. Id.8, The Supreme Court's recent decision in DeShaney v. Winnebago County Dept. They seemed impressed that he subscribed to Omni, Discover, and Science Teacher. In 1985 Lankford had asked Stroud about a rumor that he was having an inappropriate relationship with a student who had been a freshman the previous year. He would take her and her best friends out to lunch and buy them a four-pack of wine coolers from the Jiffy Mart. Stroud also told the same story to both Caplinger and Lankford. denied, --- U.S. ----, 111 S. Ct. 712, 112 L. Ed. He began his seduction of her by writing suggestive comments on test papers. When that girl moved on to her sophomore year, however, Stroud took up with a new freshman. Works at Retired from hotel management, Real Estate Agent and Public Relations. In his deposition, Stroud admitted that he told Brooke many times that he loved her, adding that he saw her as an equal, not as a student. When a lawyer asked him what harm there might be in a man his age having sex with a girl Brookes age, he replied, I dont know. As recently as last August he told a newspaper reporter, Im not the kind of person who went out and molested little kids or that kind of thing. 1982) (emphasis added), cert. Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir. Alternatively, school officials can be held liable under 1983 for the harms suffered by schoolchildren based on a breach of their duty to protect schoolchildren. He only helped them with their personal problems, they said; he could talk with them in a way their parents could not. during the school day cannot be said to create the type of physical custody necessary to bring it within the special relationship noted in DeShaney, particularly where their channels for outside communication were not totally closed. K.H. Brooke looked him in the eye and said there had been no romance between her and Stroud whatsoever. Id. v. Indep. 1981). Stroud was the head strength and conditioning coach at Memphis (1997-99) prior to his three-year head coaching stint at West Alabama. She was always making a fuss about one teacher or another. Gwendolyn H. Gregory, Deputy Gen. But he looked at me and said, I love you, and were going to be together forever, so why not go ahead and have sex with me? I was so afraid of making him mad and losing him, because he really was like a best friend, I guess. So why am I now the one who is liable in court for not finding out about it? Suspicious about her daughter's relationship with Stroud, she consulted with her family lawyer who agreed to discuss the matter with Jane Doe. The alleged constitutional violation in this case is the failure of Superintendent Caplinger and Principal Lankford to protect Jane Doe from the sexual molestation visited upon her by Coach Stroud, a subordinate of Caplinger and Lankford's. 1991) (collecting cases from around the circuits), cert. Caplinger also heard that Stroud had been seen drinking at a festival in a nearby community with Brooke, her cousin, and some other girls. ( citations omitted ) Stroud whatsoever -- for real -- I love you. family farm of... That she had heard about coach Lynn Stroud heard about coach Lynn Stroud, John.... 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